The industry’s reaction to the FAA’s proposed rules under Part 108 was swift and loud—and understandably so. But while many are busy parsing the details of BVLOS operating requirements, the more transformative piece of this NPRM is quietly sitting in Part 146.

For the first time, the FAA is acknowledging Automated Data Service Providers (ADSPs) as certificated entities in their own right—not tethered to a specific operator or waiver, but as standalone participants in the National Airspace System. That is a profound shift with implications that extend far beyond Part 108.

From NTAP to Part 146: A Step Change

Until now, the closest service providers could come to FAA recognition was the Near Term Approval Process, NTAP LOA process. Useful, yes—but fundamentally limited. An LOA was neither certification nor enduring authority; it was contingent, tied to a waiver or exemption, and disappeared when the operation ended.

Unlike those temporary authorizations, Part 146 changes the paradigm. Although it will start with Part 108, automated data services will be used to support more complex unmanned and manned aircraft services in the future. It creates a regulatory framework in which services can be validated, certificated, and—most importantly—recognized as part of the broader aviation ecosystem.

Programs such as Vantis in North Dakota have already shown that automated data services are viable at scale. Operating under NTAP, Vantis has been providing surveillance and deconfliction capabilities—functions that mirror those envisioned under Part 146. But without a certification pathway, that work remains provisional. This NPRM finally offers a way to move such efforts from case-by-case approvals to institutionalized infrastructure.

That means:

• ADSPs are no longer “invisible” appendages to operator approvals.
• Services can scale across Part 91, Part 107, Section 2209, and other frameworks.
• The market can finally invest with confidence, knowing there is a path to recognition and oversight.

For those of us who have argued for years that integration requires not just aircraft rules but service rules, Part 146 is the missing half of the equation.

Beyond Part 108: Bridging to the Whole NAS

While the preamble focuses narrowly on BVLOS, the FAA’s own language makes clear that Part 146 is bigger than that. As the NPRM notes:

“Through this rulemaking, FAA proposes to create a regulatory framework that would enable the development, growth, and continued innovation of automated data services, beginning with those in support of the UTM ecosystem... Facilitating the use of automated data services is an important step in realizing UTM services that could optimize NAS safety, security, and efficiency.”

This isn’t just about helping drones fly BVLOS. It’s about creating a foundation that can scale toward more complex unmanned and manned aircraft services, as the FAA itself admits:

“Automated data service providers may eventually provide services that would support larger and more complex aircraft operations.”

That point cannot be overstated. Part 146 is not the segregation of manned and unmanned aviation—it’s the bridge. It acknowledges that the same infrastructure supporting BVLOS today could evolve to support tomorrow’s crewed operations.

Professional aviators already see this need: safety services like conformance monitoring and deconfliction services are not “UAS-only” tools. They are scalable functions that, under a proper regulatory framework, enhance NAS safety for everyone.

This is why focusing only on Part 108 is shortsighted. Part 146 is the connective tissue between UAS integration and the broader aviation system.

The FAA’s Narrow Lens—and Why It Matters

The preamble discussion of Part 146 largely frames ADSPs in terms of conformance monitoring and strategic deconfliction for Part 108 operations. Those are critical capabilities—but they are not the whole picture.

Worse, the proposal envisions a model where service providers function as peers, sharing data but without a clear authority structure or mechanism for accountability. That construct is insufficient. If ADSPs are to become the safety-critical infrastructure underpinning low-altitude aviation and aviation safety, they must operate under a framework that defines responsibility, compliance, and enforceability. Otherwise, we risk building a system that looks like ATM in name only.

Why Part 146 Deserves Industry Attention

The most important point is this: Part 146 is not just about Part 108. It is about establishing the baseline regulatory authority for services that will support all aviation operations.

Think about it:

• Part 108 operations will depend on ADSP services, but so too will Part 91 operations.
• Section 2209 rulemaking will inevitably rely on service-based mechanisms to enforce airspace restrictions.
• Even public safety and defense applications will benefit from certificated service providers, rather than ad hoc arrangements.

This breadth is what makes Part 146 the real disruptor. It lays the foundation for a market of services—safety utilities, surveillance, deconfliction, conformance—that can be independently certificated and deployed across use cases.

NPUASTS’s View

At NPUASTS, our position is straightforward:

• Part 146 is a breakthrough – It is the recognition that services are as integral to safe integration as airframes and pilots.
• The market clarity it brings is invaluable – Certification will attract investment and allow service providers to build sustainable business models.
• Applicability beyond Part 108 is the real prize – We cannot limit the discussion to BVLOS conformance and deconfliction. The FAA should explicitly recognize the cross-part utility of ADSP certification.
• Accountability must be explicit – A peer-to-peer structure without enforceable obligations is not enough. The FAA should strengthen the proposed rule to ensure clear oversight mechanisms.

A Call to Engage

If you are a company already providing or aspiring to provide automated data services, you cannot afford to sit this out. The temptation will be to let the debate over Part 108 dominate—but your future market access will be defined by Part 146.

The FAA has, in effect, invited the service community to step into the regulatory fold. Now is the time to shape how that fold is structured. Comments should press the FAA to:

• Expand recognition beyond conformance monitoring and deconfliction.
• Clarify oversight and accountability mechanisms.
• Ensure that ADSP certification applies across regulatory parts, not just Part 108.

The conversation on Part 146 is still too quiet. For those of us who believe services are the backbone of scalable, safe UAS integration, silence is not an option.

Bottom line: Part 108 may tell operators how to fly. But Part 146 will decide what infrastructure makes it possible to fly safely at scale. That’s the conversation the industry needs to elevate—and now is the time to do it.